Cabaret Laws: Stupid But Not Unconstitutional

A Manhattan State Supreme Court judge ruled that the city’s cabaret laws — which prohibit dancing in an unlicensed establishment — are constitutional:

Manhattan Supreme Court Justice Michael Stallman threw out a lawsuit challenging the city’s law from the 1920s that requires bars and restaurants to have cabaret licenses if their patrons want to boogie.

“Social dancing is fun,” Stallman wrote in a 23-page decision. “It is also a worthwhile and socially positive activity whose importance should not be underestimated simply because it is enjoyable.”

Nevertheless, Stallman upheld the city’s right to regulate dancing in bars and restaurants, tossing out a lawsuit filed by a group called the Gotham West Coast Swing Club.

The group argued that dancing is expressive and should be considered protected free speech under the New York State Constitution.

The judge did suggest that the city reexamine the old law. “Surely, the Big Apple is big enough to find a way to let people dance.”A city spokeswoman hailed the ruling as a “confirmation of the city’s efforts to protect residential communities from disruptions attributed to some cabarets.”